Europe – Ex ante publicity of a negotiated procedure EMA/2019/40/LD – Legal advice in relation to procurement matters and contracts under EU procurement and Dutch law

The European Medicines Agency (hereinafter referred to as “the Agency” or “EMA”) intends to procure services pertaining to legal advice in relation to procurement and contracts under EU procurement and Dutch law.
The scope of this contract shall be:
• Annual review of the Agency’s contract templates, with suggestions for streamlining, improvement, and alignment with changes to the European Commission’s templates as far as possible.
• Occasional review of draft technical specifications where such specifications are particularly complex or high-value.
• Occasional review of Agency contract annexes such as the exit plan or service level agreement.
• Assistance with responses to queries on contract terms, in particular liability and intellectual property rights, the application of Transfer of Undertakings (Wet overgang ondernemingen) and drafting of clarifications.
• Assistance with contract finalisation for negotiated procedures including possible attendance at negotiation meetings.
• Assistance with review of contract annexes not belonging to the Agency (e.g. software licensing agreements).
• Advice on any aspect of EU public procurement legislation and research and/or comment on relevant case law.
• Assistance with review of the Guidebook for Tenderers or any guidance notes prepared.
• No assistance is expected to be required in drafting technical specifications for tenders. However the Agency may require assistance in dealing with particular issues arising during the tender evaluation phase, such as how to determine if a particular tender is abnormally low or how best to respond to challenges from unsuccessful tenderers.
• Assistance with any disputes which may arise with regard to concluded contracts.
• Delivery of best practice sessions to small groups of persons involved in procurement on different topics…